Sentencing standard of the crime of misappropriating public funds

The standards for determining the amount of the crime of misappropriating funds are as follows:

1, misappropriating the funds of the unit in the amount of 1 10,000 yuan to more than 30,000 yuan, which has not been returned for more than 3 months; Those who have not paid back a large amount for more than three months, or those who have not paid back a large amount for more than three months, engage in profit-making activities, or engage in illegal activities, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; An illegal act in any of the following circumstances is "serious" and shall be sentenced to fixed-term imprisonment of more than five years:

(1) The amount of misappropriation of public funds is more than 1 10,000 yuan;

(two) misappropriation of disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and other specific funds and materials, the amount of more than 500 thousand yuan but less than 6.5438+0 million yuan;

(3) misappropriation of public funds will not be refunded, and the amount is more than 500,000 yuan but less than 6,543,800 yuan;

(4) Other serious circumstances.

2. Misappropriating the funds of the unit in the amount of 1 10,000 yuan to more than 30,000 yuan for profit-making activities; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever engages in profit-making activities in any of the following circumstances shall be sentenced to fixed-term imprisonment of not less than five years if the circumstances are serious:

(1) misappropriating public funds of more than 2 million yuan;

(two) misappropriation of disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and other specific funds and materials, the amount of 6.5438+0 million yuan but less than 2 million yuan;

(3) misappropriation of public funds will not be refunded, and the amount is more than 6,543,800 yuan but less than 2 million yuan;

(4) Other serious circumstances.

3, misappropriate the amount of unit funds in 5000 yuan to 20000 yuan, illegal activities. If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than seven years.

The constitutive elements of the crime of misappropriating funds are as follows:

1, object element. The object of this crime is the usufructuary right of funds of companies, enterprises or other units, and the object is the funds of units. The so-called unit funds refer to all the property in the form of money owned or actually controlled by the unit;

2. objective factors. Objectively, this crime shows that the actor takes advantage of his position to misappropriate the funds of his unit for personal use or lend them to others, and the amount is large, which has not been paid back for more than three months, or although it has not exceeded three months, the amount is large, which is a profit-making or illegal act;

3. Main elements. The subject of this crime is a special subject, that is, the staff of companies, enterprises or other units;

4. Subjective factors. Subjectively, this crime can only be intentional, that is, the actor knowingly misappropriates or lends the funds of his own unit and takes advantage of his position, but he still deliberately does it.

Legal basis: Article 272 of the Criminal Law of People's Republic of China (PRC).

Crime of misappropriating funds: staff members of companies, enterprises or other units who, by taking advantage of their positions, misappropriate the funds of their own units for personal use or lend them to others, and the amount is relatively large, which has not been paid back for more than three months, or, although it has not exceeded three months, the amount is relatively large, and they engage in profit-making activities or engage in illegal activities, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever misappropriates a huge amount of funds from his own unit shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than seven years.

Crime of misappropriating public funds. Personnel engaged in public service in state-owned companies, enterprises or other state-owned units and personnel appointed by state-owned companies, enterprises or other state-owned units to engage in public service in non-state-owned companies, enterprises or other units shall be convicted and punished in accordance with the provisions of Article 384 of this Law.

Whoever commits the act mentioned in the first paragraph and returns the misappropriated funds before initiating public prosecution may be given a lighter or mitigated punishment. Among them, if the crime is minor, the punishment may be mitigated or exempted.

Article 5 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Corruption and Bribery

Those who misappropriate public funds for personal use and engage in illegal activities, amounting to more than 30,000 yuan, shall be investigated for criminal responsibility for the crime of misappropriation of public funds in accordance with the provisions of Article 384 of the Criminal Law; If the amount is more than 3 million yuan, it shall be deemed as "a huge amount" as stipulated in the first paragraph of Article 384th of the Criminal Law. Under any of the following circumstances, it shall be deemed as "serious circumstances" as stipulated in the first paragraph of Article 384th of the Criminal Law:

(a) the amount of misappropriation of public funds is more than one million yuan;

(2) misappropriating specific funds and materials such as disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief, with the amount of more than 500,000 yuan but less than 1 million yuan;

(three) misappropriation of public funds is not returned, and the amount is less than 500 thousand yuan/kloc-0 million yuan;

(4) Other serious circumstances.

Article 6

Misappropriation of public funds for personal use, profit-making activities or failure to pay back for more than three months, with an amount of more than 50,000 yuan, shall be deemed as "a large amount" as stipulated in the first paragraph of Article 384 of the Criminal Law; If the amount is more than 5 million yuan, it shall be deemed as "a huge amount" as stipulated in the first paragraph of Article 384th of the Criminal Law. Under any of the following circumstances, it shall be deemed as "serious circumstances" as stipulated in the first paragraph of Article 384th of the Criminal Law:

(a) the amount of misappropriation of public funds is more than two million yuan;

(two) misappropriation of disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and other specific funds and materials, the amount is more than one million yuan but less than two million yuan;

(three) misappropriation of public funds, the amount of more than one million yuan but less than two million yuan;

(4) Other serious circumstances.